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(영문) 춘천지방법원 2016.12.21 2016고단1046
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or borrow a means of access, such as a passbook or card, which is used for electronic finance, in exchange for compensation, demanding or promising to do so.

Nevertheless, the Defendant, at around 14:00 on July 25, 2016, lent 200,000 won to a person whose name is not known in the B Nocheon-si, Chuncheon, from a person whose name is not known.

He heard the word "," and delivered the Cze Card connected to the C's account in the name of the defendant to Kwikset Service Delivery Board.

Accordingly, the Defendant promised to lend the means of access used in electronic financing to the consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The instant crime on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is a lending of a means of access that may be used for a crime. In order to eradicate a crime using the means of access, there is a need for strict punishment for the instant crime, which is the means of access, and the means of access actually transferred by the Defendant has been used for the criminal act.

On the other hand, there are extenuating circumstances such as the confession of the crime of this case and the Defendant’s conviction depth, and the Defendant has no record of being punished for the same crime.

In light of the above circumstances and the Defendant’s age, character and conduct, environment, and motive, means, and result of the instant crime, the punishment as ordered shall be determined by taking into consideration all the circumstances that form the conditions for sentencing specified in the records and arguments in the instant case.

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